Supplemental GO Green Program Terms

General. These Supplemental GO GREEN Program Terms (the “Supplemental Terms”) modify the ACV Auctions Inc. (“ACV”) Vehicle Condition Arbitration Policy (“ACV’s Arbitration Policy”) as set forth below.

Amendment. Section 9.b. of ACV’s Arbitration Policy is replaced in its entirety with the following:

1. GO GREEN Standard and GO GREEN Basic. The GO GREEN program includes both a GO GREEN Standard program and  GO GREEN Basic program as follows:

   • GO GREEN Standard Program. Notwithstanding anything to the contrary in this Arbitration Policy, for vehicles that sell for less than $75,000, ACV’s standard GO GREEN program (“GO GREEN Standard”) provides the Seller with protection against defects in the vehicle that are not disclosed in ACV’s condition report (“Undisclosed Vehicle Defects”) that are unknown to the Seller and otherwise might result in either the cancellation of the transaction or liability for costs for repair. Specifically, in return for payment of the fee to participate in the GO GREEN Standard program, ACV: (1) will release the Seller from its obligations under Sections 6.b. and c. of this Arbitration Policy with respect to Undisclosed Vehicle Defects, (2) will pay to the Seller the full sale price paid by the original Buyer even if the transaction is later cancelled as a result of any Undisclosed Vehicle Defect, and (3) will cover any costs due to the Buyer as a result of any Undisclosed Vehicle Defect pursuant to this Arbitration Policy.
   • GO GREEN Basic Program. Notwithstanding anything to the contrary in this Arbitration Policy, for vehicles that sell for less than $75,000, ACV’s basic GO GREEN program (“GO GREEN Basic” and, together with GO GREEN Standard, the “GO GREEN program”) provides the Seller with protection against Undisclosed Vehicle Defects with the exception of (A) engine problems; (B) transmission problems; and (C) frame or structural damage (any Undisclosed Vehicle Defects other than those issues under (A) – (C), “GO GREEN Basic Defects”). Specifically, in return for payment of the fee to participate in the GO GREEN Basic program, ACV: (1) will release the Seller from its obligations under Sections 6.b. and c. of this Arbitration Policy with respect to GO GREEN Basic Defects, (2) will pay to the Seller the full sale price paid by the original Buyer even if the transaction is later cancelled as a result of any GO GREEN Basic Defect, and (3) will cover any costs due to the Buyer as a result of any GO GREEN Basic Defect pursuant to this Arbitration Policy.

Triggering Event. A “Triggering Event” will be deemed to have occurred if the arbitration costs for vehicles sold by Seller on the ACV Platform over the last three (3) months exceed the median arbitration cost of all ACV customers selling on the ACV Platform in Seller’s customer type (as determined by ACV’s internal guidelines) over the same timeframe.

Modified Program Mechanics. Upon a Triggering Event, ACV reserves the right to modify Seller’s enrollment in the GO GREEN program through one of the following options:

1. Increased Fees for GO GREEN Standard.  ACV may allow Seller to continue participating in GO GREEN Standard at an increased fee.  Such fee will be based on ACV’s internal guidelines, which include a review of the Triggering Event and a comparison of Seller’s performance with other sellers of the same customer type.  ACV will notify Seller of the increased fee for GO GREEN Standard using the contact information in Seller’s ACV Platform account.  The range of fees for GO GREEN Standard can be found in ACV’s schedule of fees located at  https://app.acvauctions.com/myacv/fee-schedule.

2. Enrollment in GO GREEN Basic.  ACV may choose to enroll Seller in GO GREEN Basic.  The fee for GO GREEN Basic will be based on ACV’s internal guidelines, which include a review of the Triggering Event and a comparison of Seller’s performance with other sellers of the same customer type.  ACV will notify Seller of the fee for GO GREEN Basic using the contact information in Seller’s ACV Platform account.  The range of fees for GO GREEN Basic can be found in ACV’s schedule of fees located at  https://app.acvauctions.com/myacv/fee-schedule.

3. Terminate Participation in the GO GREEN Program.  ACV may terminate Seller’s participation in the GO GREEN program.

Notification of Modification.  If ACV determines Seller’s participation in the GO GREEN program will be modified or terminated as described herein, ACV will notify Seller.  Seller is under no obligation to continue participation in the GO GREEN program in any manner and may opt-out at any time.

 Reinstatement of GO GREEN Privileges. Once Seller’s GO GREEN program privileges are terminated or modified, ACV will determine if and when Seller is eligible to be returned to GO GREEN Standard and/or when Seller’s pricing for GO GREEN Standard may be decreased. In making such determination, ACV will evaluate Seller’s account and performance, typically on a quarterly basis.  Seller may at any time request review of its account to determine if Seller is eligible to return to GO GREEN Standard by calling  1-800-553-4070 or emailing service@acvauctions.com.

Termination of GO GREEN Participation. For avoidance of doubt, ACV reserves the right to terminate Seller’s participation in the GO GREEN program, including any modification thereof, at any time.

Applicability Changes.  Except as modified herein, ACV’s Arbitration Policy, including the GO GREEN Policy terms, apply in all respects. These Supplemental Terms may be amended by ACV at any time and any such amendments will be effective as of the date the amended Supplemental Terms are posted on the ACV website unless otherwise specified therein.